While a defendant should not benefit from his own attorney's misconduct, that the prosecution was in cahoots with this scheme suggests that a third trial may be needed.
While a defendant should not benefit from his own attorney's misconduct, that the prosecution was in cahoots with this scheme suggests that a third trial may be needed.
"There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche
This is less a matter of fairness to the defendant than a matter of protecting the long-denied right of black people to serve on juries. If forcing retrials isn't enough perhaps suspensions from the bar should be in order, and sometimes retrials are the only recourse when the offending attorneys are deceased.
Nobody has a constitutional right or a legal right to be on a jury. If we want to go on about how the prosecution strikes so many blacks from the jury selection we could talk about how the defense attorneys specifically in this county strike whites with 82% of their strikes. Only the prosecution is suppose to have a reason as to why they strike jurors and if you read the habeas petitions on these cases and they are challenged the reasons can be read. As we saw with Christopher Anthony Young his defense claimed "racism" solely because most of his jurors were white. The Black jurors that were struck were because of bias that was showed.
https://www.chron.com/news/houston-t...ed-1926933.php
"There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche
Remanded to the trial court on a Batson claim today.
https://www.txcourts.gov/media/14483...der-7-1-20.pdf
Robertson is one of the inmates suing Texas over solitary confinement.
https://www.hoganlovells.com/-/media...ledversion.pdf
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